Retirement of State Police. Is a motion of the Board of Trustees designating the last 36 months of employment the time frame to be used in calculating final average salary consistent with the law? Yes, the statute requires benefits to be calculated on the basis of the last three yea

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK ATTORNEY GENERAL . (501) 371-2007 OPINION NO. 85-98 April 8, 1985 Mr. Kie D. Hall Assistant Director Arkansas State Police Retirement System One Capitol Mall Little Rock, AR 72201-1015 RE: State Police Retirement Dear Kie: This is in response to your request for an opinion on the meaning of certain language found in Ark. Stat. Ann. § 42-451 (B) (1). Ark. Stat. Ann. §42-451(B) (1) defines final annual average salary as the average of annual salaries rendered immediately preceeding the members last termination of employment. In a regular board meeting on March 21, 1975, the Board of Trustees adopted a motion that for retirement purposes the 36 months from the last pay date shall be the period used in determining the highest three years' salary for retirement purposes. Your question is whether the Board of Trustees' motion is correct in its designation of the 36 months to be used in determining the final average salary. The statute referred to above contains this language: " . the three (3) years accredited service rendered by him immediately preceeding his last termination of employment." It has always been the interpretation of the court that in interpreting statutes it will be presumed that the legis~- lature intended to use words in their usual and natural meaning. Arkansas State Highway Commission v. Mabry, 229 Ark. 261, 315 S.W. 2nd 900 (1958). Applying that test to i, Mr. Kie D. Hall Page 2 April 8, 1985 the language contained in the statute to which you refer and in light of the interpretation given by the Board of Trustees it is apparent that the term "year" is a period of 12 months. The three years immediately preceeding the termination of employment would be the 36 months immediately preceeding one's termination. Any other definition of the term year would be an artificial, and could lead to absurd results. The foregoing opinion, which I hereby approve, was prepared by Deputy Attorney General Robert R. Ross. Sincgrely, bal Auch Attorn y General jsc:RRR:de